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(영문) 광주지방법원 목포지원 2017.02.17 2016고단1391
특수상해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. In the “D” operation of the Victim C (50 taxes) in Fabb on June 2, 2016, the Defendant, who had attempted to work in Fably, divided into “D” with the victim and talks with the Defendant, who had attempted to work in Fably and attempted to do so. It was so that “I do not do so. I live in reality.”

Along with the victim's words "Isma from the inside of the inside of the inside of the ship, I would like to listen to the victim's words "Isma show that Ise will not get a hye hye," and threatened the victim with "Ise hye hye hye hye hye hye hye hume which is left with a hye hye hye and kept on the table with a left hand".

이어서 다시 오른손으로 피해자의 멱살을 잡고 바닥에 놓여 있는 뚝배기 그릇을 집는 ‘ 쇠 집게’( 길이 18cm )를 들어 피해자의 오른쪽 머리 부위를 1회 내리쳐 피해자에게 오른쪽 머리 부위에 4 바늘을 꿰매야 하는 상해를 가하였다.

2. The Defendant damaged a special property at the time and place mentioned in the above 1.1. On the other hand, the victim inflicted injury on the victim, and the victim gets off the cell phone with the cell phone blicker, thereby damaging the above cell phone amounting to one million won at the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Application of Acts and subordinate statutes to on-site photographs, two copies of photographs (victim C damaged parts), two copies of photographs (victims and hacks), two copies of photographs (hacks and Handphones destroyed photographs);

1. Relevant provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, Articles 369 (1) and 366 of the Criminal Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation is that the nature of the crime is not good in consideration of the implements of the crime in this case and the background leading up to the injury, and the damage.

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